• As we previously blogged, in February FDA published a long-awaited draft guidance document which laid out a voluntary framework on the labeling of plant-based milk alternatives. The guidance, which has been criticized by both the plant-based milk and the dairy industry, proposed to allow the use of the term “milk” in non-dairy products provided that the plant source and nutritional differences from milk are disclosed.

• The original 60-day comment period ended yesterday (April 24^th). However, in response to requests from both the plant and the dairy industry, FDA announced that it would be extending the comment period to a date that will be determined when the extension notification is published. We note that the requests asked for either 60- or 90-day extensions.

• Apart from citing the need for additional time to consider the guidance and develop meaningful comments, many of the comments also noted that FDA relied on consumer studies, some of which are not publicly available and must be obtained through a Freedom of Information Act (FOIA) request. The comments indicated that the studies have not yet been obtained through FOIA due to a backlog in the system. We will continue to monitor any developments.

Lauren Haas, Frederick Stearns, and Emily Thomas also contributed to this article.